
Glass r IfS . 




liE DISTRICT OF COLUMBIA 




A BILL FOK A CHANGE 



DISTRICT GOVERNMENT, 



REASONS FOR ITS BECOMING A LAW 



ADDRESS TO CONGRESS BY THE HOUSE OF DELP]- 
GATES OF THE DISTRICT OF COLUMBIA. 




WASHINGTON, D. C: 

CHRONICLE PUBLISHING COMPANY, 
1874. 




A. B I I-. ILi 



Gliaiige in the District Government, 



THE RP]AS()NS FOR, ITS PASSAGE. 



CHANGE OF GOVERNMENT 



DISTRICT OF COLUMBIA. 



In House of Delegates, District of Columbiu, June 2, 1874, the 
C'Omuiittee on JS'ational Relations submitted the following report, 
which, after full consideration, was adopted by the House: 

1.0 the Honorable Senate and House of Heprese'ntatives of the United 
States in Congress assembled. : 

The undersigned, a Coinniittee of the House of Delegates of the 
Legisla^tive Assembly, respectfully ask you to consider tlie follow 
ing 

ADDKESS : 

The facts elicited upon the recent investigation into District 
affairs seem to warrant the Ijelief that some change in the form 
of government for the District of Columbia will be made before 
the close of this session of Congress. 

It is generally believed that the Board of Public Works, to 
whom all credit is due for magnificent and beneficial results in 
1 he improvements of the avenues, streets, and public roads of the 
District, can no longer have the power which it has exercised, 
and, if it could have the power, could not command means from 
the District to carry out its plans to completion at an earl^' day. 

It is evident that the resources of the District are so far crip- 
pled that rime is needed for rest and for recuperation. 

It is natural, under such circumstances, that people very largely 
should look u[ion a change as a relief. 

The question now is. What shall be the change? How can the 



4 

aftairs of this District be best cidiuinistered with credit to the 
Goverimient, to the satisfaction of the •country, and without vio- 
lence to the rights of the citizens of the District. 

It is conceded that many of our citizens desire a change in the 
form of government for tlie District for various reasons, but tliere 
is a class whicli outnumbers by far all the rest; these are citi 
zens who do not control newspapers and throng the rooms 
of Congressmen, but whose sentiments are made publicly 
known through the ballot. This class embraces the laborers, me- 
chanics, and small property-owners, and such others as have no 
special personal interest in a change of government for the Dis- 
trict of Columbia. 

This class believes that the present form of government is good, 
so far as it is controlled and controllable by the people, and bad 
where it is controlled by officials not of their choice and not re- 
sponsible to them. 

For this class we speak, and for them alone. 

We concede in advance that the capita' of the country should 
be governed in such a manner as will be most convenient and 
agreeable to Congress, as the representative sovereignty of the 
people. 

We claim, however, that in this goverumeat of the ca]:>ital the 
citizens have some rights. We protest against any attempt upon 
the part of Congress to tax the property of our citizens without 
their consent. We believe that taxation without re[)resentation 
is tyranny, and we deny that to have a Delegate in Congress who 
can not vote is representation. 

We concede that if Congress sliould take our atfairs in hand, 
and pay our District debts and meet our current District expenses, 
we should have no cause for complaint, and should make none. 

As we have no idea that Congress would do such a thing, we 
ask that we may be allowed, as far as possible or proper, to gov- 
ern ourselves, with such restrictions as will serve to protect the 
interest of the United States. We protest, however, against any 
form of government in which the citizens and tax-payers of the 
District can not have some share or part, and particularly against 
the government by a commission by whomsoever appointed. 

We believe that if the right of sutfrage should be denied \i 
District of Columbia, where it was tirst given to colored met>. 
will be taken everywhere as an indication that a majority of t 



gross believe that negroes are unfit to 1)0 intrastod with suffrage 
anywhere, and that suffrage was refused to tlie voters of the Dis- 
trict of Columbia because a hirge portion of theni were colon;d 
men. 

For these reasons a tUMiial of sutt'rage here would seem to \m 
t impolitic. 

We also respectfully suggest to your consideration also the 
question, whether a denial of the right of suffrage in this distriol, 
is just, and finally whether it would be lawful. 

Believing then that the people of this district have a right to a 
i-epublican form of government, subject to the exclusive right of 
Congress to make laws for them, and believinsr tliat Cono-ress is 
willing now as in the past to [»ermit the District of Columbia to 
initiate to some extent legislation upon local matters, subject to 
the approval of Congress, and believing that the present law for 
the Grovernment of the District is correct in principle generally, 
we submit a plan of amendment of the organic act of the District 
for your consideration. 

The first section of the amendment proposed makes the upper 
In-ancli of the assembly elective. It is now appointed by the 
President upon the recommendation of the Grovernor. 

The object of this provision in the org^inic act, with regard to 
the appointment of the Council, is understood to have been the 
protection of the interests of the CTnited States from inconsiderate 
action on the part of the Legislative Assembly. ^^ 

The effect of this provision referred to has bgwi'^o facilitate 
such legislation as the Governor wished, and prevent such as he 
did not desire. It is probable that if the Senate of the UnUed 
States was appointed by the l*resident there would be little need 
V of the Executive veto. It is not the result of our observation 
that tlie appointing power anywhere makes better selections for 
. «ffice than do the people by election. If any act of the Legisla- 
'ive Assembly has been good, it has required the co-operation of 
1 wo-thirds of the elective house ; if any has been bad, it has required 
r ■' co-operation of two-thirds of the appointed Council. 

If ir'.pj,! ,eem that with the present provision in the organic 
•70 do not wish to disturb, requiring a two-thirds vote 
.aheis elected or appointed to each branch of the Legis- 
.bly, in order to pass any bill over the (Governor's 



veto, that the public interests would be reasonably well protected, 
even if the Council was made elective. 

We object, therefore, to the appointment of one branch of the 
Legislature as anti-republican, as incorrect in theory, and bad in 
practice. 

The second section of the amendment gives the Legislative 
Assembly the power to tix its own sessions, which, by the organic 
act, arc now confined to sixty consecutive days. 

Experience has shown that for municipal government the ses- 
sions should be scattered over the year, to provide for constantly 
occurring municipal necessities. 

The object of the third section is to show annually the value of 
property of the United States in the District, and protect the Gov- 
ernment from expenses incurred without the previous authoriza- 
tion of Congress. 

The fourth section abolishes the Board of Health, and provides 
for the detail of a medical officer of the army or navy, who is to 
be chief health officer, and may employ the police as his working 
force. 

The reasons for this amendment are as follows : 

Congress and the Government have the right to the most ettect- 
ive sanitary officer. One executive officer is better than a board 
of executive officers. An officer of the army or navy can be more 
promptly and conveniently reached by Congress for neglect of 
duty than a civilian. He will be more attentive to his business, 
because he will have no other, he will be more impartial, and less 
likely to be governed by improper infiuences. With the aid of 
policemen he can have his orders enforced more speedily and more 
certainly. It will be very much cheaper than the present system. 

The fifth section abolishes the Board of Public Works, and.sub- 
stitutes in its place as an executive an engineer officer of the 
army. 

■ It remits the power of the Board of Public Works to make 
improvements back to Congress and to the Legislative Assembly, 
and provides for the payment by the United Stat(!S, in pursujince 
of appropriations made upon previous estimates for iuiprovements 
upon avenues and streets in Washington of one-tliird of the ex- 
pense, the other tw.o-thirds being paid by the District of Colum- 
bia and the property specially benefited. Upon streets and public 



roads in the District, outside of Washington, the District paj^s 
two-thirds of the expense, and the property benefited one-third. 
The District pays the entire expense of repairs and maintenance, 
cleaning, and the like. 

It provides that all taxes for special improvements shall be 
assessed and collected by the same officials who assess and collect 
general taxes. 

It makes a new rule for the assessment of general sewer taxes, 
placing them upon the same footing as other special improve- 
ments. 

It gives the superintendent engineer officer the right to make 
contracts under limitation, and, to put him within reach of Con- 
gress, obliges him to take his assistants and clerical force from the 
War Department. 

It seems only necessary in this respect to say that these provi- 
sions have been a copy, as far as possible, of the manner in which 
the engineer officers of the army have for many years superin- 
tended and constructed Government improvements upon rivers 
and harbors, to the entire satisfaction of the country, and to their 
own deservedly great credit. 

Recognizing the rights of Congress as sovereign and as part 
owner to control improvements in the District, we would most 
cheerfully accept and give our confidence to any officer of a corps 
whose conduct has been so uniformlj^ marked by high intelli- 
gence and scrupulous honesty. 

The respective proportions of payments by the Un^'ted States 
and by the District are based upon the respective values of prop- 
erty belonging to each. 

The next amendment offered provides for the election biennally 
by the people of a collector of~taxes, a comptroller, and a register, 
and dispenses with the offices of treasurer and auditor. 

We ask for the election of these officers, who are now appointed 
by the Governor, because it is right and proper ; we ask for the 
reduction in the numlier of officers, because it will save expense. 

The next amendment provides th^t the licenses for the sale of 
liquors shall be granted by the Register under such restrictions as 
may be imposed by act of the Legislative Assembly. 

These licenses now are under the control of the Commissioners 
of Police, who grant or withhold them at will, and sit with closed 



doors. So long as the right to such license is recognized by law, 
and is a source of considerable revenue, it seems only just that such 
licenses should be granted under certain and fixed regulations, of 
which all should have equal knowledge, and under which all 
should have equal opportunities. 

The eighth amendment limits the debt of the District of Co- 
lumbia to thirteen millions of dollars, and provides that Congress, 
in lieu of the different appropriations it now makes for various 
current expenses, and in full of its proportion of all the current 
expenses, should pay the interest upon the debt. 

This assumes that the United States, owning about one-half of 
the property in the District, shall pay about one-third of the cur- 
rent exf#rises, but shall pay it in such a way that it will always 
be under the control and management of Government officials. 

It will also make it an object for Congress to take such steps as 
will reduce the rate of interest at least one-fourth, and conse- 
<|uently lessen this appropriation just so much. This Congress 
can do, but the District of Columbia can never do. 

The sum uamed is an increase of three millions upon our present 
debt. As far as we can learn this sum will be sufficient, if care- 
fully applied, to relieve the District of Columbia from its projjer 
unfunded obligations and debts. 

The ninth section of our amendment proposes a board of com- 
missioners of mixed appointment, to ascertain and report damages 
by special improvements, with provisions for relief. 

This appears to us as equitable to all concerned. 

The tenth section provides also a commission of mixed ap- 
pointment to audit the accounts of the Board of Public Works 
and make recommendations in connection therewith, and after the 
completion of this work to turn the books and papers over to the 
Comptroller for the District. 

It is certain that something of the kind must be done, or no 
progress can be made to a settlement of our debt. 

The eleventh and last amendment is the ordinary repealing act 
with a saving clause. 

We submit these amendments with great deference, knowing that 
they are crude, informal, and inartistic, but believing that they 
contain the substance and ground work of such a bill as ought to 
be accepted by Congress, the country, and the people of the Dis- 
trict. 



9 

Ir. will 1)0 observed that we have made no rccomniendatiou with 
regard to the election of the Governor of the District, because we 
believe that Congress would regard its interests as better served 
by the appointment of this officer rather than by his election, and 
also because the present Governor, in our judgment, has in noway 
lost the confidence, the respect, or the esteem of the great ma- 
jority of voters of the District of Columbia. 

Inasmuch, however, as a just claim to the consideration of 
(Congress should be based, if possible, upon sound legal principles 
rather than upon ei[uitable principles, we most earnestly request 
that these amendments may be considered l)y the committee of 
('Ongress on the Judiciary^ 

Among other questions which arise, and which ought to be 
settled definitelj', are the following, narael)- : 

May Congress delegate its constitutional exercise of exclusiv^e 
legislation in all cases over the District of Columbia, and to what 
extent and to whom ? 

Upon the principle that what the subject may be compelled by 
law to do, the sovereign in like instance is bound to do, is the 
United States, as part owner of property in the District of Colum- 
bia, bound to contribute for improvements made by the District 
which benefit and enhance the value of Government property in 
the District? 

Is the United States, as such part owners in the District, bound 
to contribute for repairs to its own property and for current ex- 
] tenses essential to its protection and maintenance ? 

And finally, but not least, does the section of the Constitution 
which provides for protection to States against invasion or domes- 
tic violence, and gives to them a guarantee of a republican form 
of government, give the same protection and gaarantee to the 
District of Columbia '? 



10 



AN ACT to amend an act entitled " An act to provide a government for 
the District of Columbia," approved February 21, 1871. 

Be it enacted by the Senate and House of Representatives of the United (states 
of America in Congre^^s assembled, Thattlie provision in the act entitled "An 
act to provide a government for the District of Columbia." approved Feb- 
ruary 21, 1874, for the appointment of members of the Conncil is hereby re- 
pealed. The members of tlie Council shall be elected at the same time, and 
in the same manner, as tlie members of the House of Delegates. The tirst 
Council district sliall be composed of the first and second legislative dele- 
gate districts, the second Council district of the third and fourth legislative 
delegate districts, and in like order of arrangement for each of the eleven 
Council districts, each being composed of two legislative delegate districts : 

Provided hoioever, That in case of any vacancy in the Legislative Assem- 
bly the same may be filled by special election to be ordered by the Gov- 
ernor within fifteen days after the vacancy shall have occurred. 

Sbc. 2. Tlie Legislative Assembly shall hold its first session on the first 
Monday in January, 1875, and afterward at such times as it may determine, 
not exceeding sixty days in each legislative year. 

Sec. 3. The valuation i)rovided for in section 36 of said act of February 
21, 1871, shall embrace all property in the District of Columbia belonging 
to the United States, and the return of the same.as provided in said sec- 
tion 86 shall be made annually. 

The Secretary of tlie Interior shall embrace in his annual report to the 
President of the United States an estimate of all repairs, or improve- 
ments, upon or in connection with any of the avenues, or with the sti-eets 
around the property of the United States, which may be required during 
the next fiscal year. 

Sec. 4. The Board of Health, established by section 26 of said act of Feb- 
ruary 21, 1871, is hereby abolished. Instead thereof there shall be detailed 
by the President a medical officer of the army, or navy, who shall be styled 
Commissioner of Health, who shall have sole executive charge of the sani- 
tary condition of the District of Columbia. He shall have power to remove 
:ill nuisances injurious to health, to prevent the sale of unwholesome food, 
and perform sucii otiier duties as may be Jmposed upon him by law of 
Congress or the Legislative Assembly. 

Upon his requisition the. superintendent of police shall place under his 
direction a sufficient number of police officers to serve as inspectors or 
health officers, or to carry out his sanitary measures. 

Also, upon his requisition, the secretary of tiie department proper of 
such officer shall detail to him a sufficient clerical force and other assist- 
ants. 

Sec. 5. The Board of Public Works, established by section :57 of said 
act of February 21, 1871, is hereby abolished. Instead thereof, there shall 
be detailed by the President of the United States an officer of engineers of 
the army, whoshall be Commissioner in charge of all streets, avenues, alleys, 
sewers, and public roads, in the District of Columbia, and wiio shall have 
sole executive charge of the same, and of all other work which may be en- 
trusted to him by Congress or the Legislative Assembly. 

Xo improvements, however, shall be made upon or in connection with any 
avenue whatever, or upon streets around property of the United States, 
except in pursuance of proper legislation by Congress, based upon estimates 
submitted by the Secretary of the Interior.' 

Nq improvements shall be made upon, or in connection with streets other 
than those around property of the United States, or upon alleys or iiublic 
roads, except the same shall have been ordered by proper ;ict of the Legis- 
lative Assembly, and an approiiriation made therefor based upon estimates 
of the Commissioner in charge of streets. 

Ln caae of repairsupon or in connection with the avenues, streets, alleys, 



11 

and public roads of the District of Columbia the entire expense shall be 
be paid by general tax of the District of Columbia, based upon proper legis- 
lation of the Legislative Assembly, upon estimates made by the Uommis- 
sioner in ciiarge of streets. 

In case of improvements upon or in connection with streets and alleys 
and public roads other than tliose in Washington city, the property adjoni- 
ing and specially benefited tiierebv shall be taxed one-third of the cost of 
the same, and the remaining cost shall be paid by the District of Columbia. 

In case of improvements upon or in connection with arenues and streets 
in the city of Washington, one-third of the expense shall be paid by the 
District of Columbia, one-third by the United States, and one-third by the 
l)roperty adjoining and specially benefited thereby, the property of the 
United States and of individuals being taxed therefor according to the re- 
spective frontage of each upon the avenues or streets thus improved. 

All taxes for special improvements above named against individuals 
shall be assessed by the assessors of general taxes, and collected by the col- 
lector of general taxes. 

Tlie amount due in such cases from the United States shall be reported 
by the collector of general taxes to the Secretary of the Interior, to be laid 
by him before Congress, who will make appropriation for the same to the 
Department of the Interior, payable under the direction of the Secretary of 
the Interior. 

In case the improvement named shall be 'a main sewer, the property ad- 
joining and benefited thereby shall include all lands in the District of Co- 
lumbia draining into said main sewer. 

The Commissioner in charge of streets before named shall have power to 
contract with the lowest responsible bidder, after public notice, and with 
proper requirements for faithful performance, or by days' labor, for repairs 
and improvements upon or in connection with avenues, streets, alleys, and 
public roads in the District of Columbia, and for cleaning and sweeping 
the same, and for the planting and renewal and care of shade-trees upon 
the same. 

Appropriations for the cleaning and sweeping of streets, and for the 
planting, renewal, and care of shade-trees, shall be made by the Legislative 
Assembly only upon estimates furnished by the Commissioner in charge of 
streets. 

Upon the requisition of the said Commissioner in charge of streets, the 
Secretary of War shall detail to him a sufficient clerical force and such 
other assistants as he may require in the performance of his duties. 

Sec. 6. There shall be elected at the general election in which the Delegate 
to Congress is elected, a Collector of taxes who shall also be Treasurer, and 
shall give bond in the sum of S100,00(), a Comptroller, who shall give bond 
in the sum !?50,000, and a Register, who shall also be Auditor, and shall 
give bond in the sum of $3U,000, each of whom shall hold office for two 
years. 

Sec. 7. Licenses for the sale of spirituous or intoxicating liquors, shall 
alone be granted by the Register under such restrictions as may be pre- 
scribed by the Legislative Assembly. 

Sec. 8. The debt of the District of Columbia shall be limited to the sum 
of thirteen millions of dollars, and Congress shall annually appropriate to 
tlie Treasury Department a sum sufficient to pay the interest upon said 
debt, which sum shall be paid out under the direction of the Secretary of 
the Treasury. This-appropriafcion shall be in full for the proportion \vhich 
tlie United States as an owner of untaxed property in the District of Co- 
lumbia shall pay for current expensed* of said District, not including ex- 
penses of officers, assistants, and clerical force, in the offices of the Commis- 
sioner in charge of Streets and of Health. 

Sec. 9. A board of commissioners, one to be appointed by the presiding 
officer of the United States Senate, one by the Speaker of the House of 
Representative^ of the United States, and the other by the Governor of the 
District, shall hear and determine all damages arising to owners of prop- 
erty, by improvements upon avenues, streets, and public roads, including 
such special damages to property as may have been sustained in conse- 



12 

quence of any improvements or repairs made by tiie Board of Public Worlcs 
and allowed by tlie Legislative Assembly. 

The board shall report to the Governor of the District upon all the mat- 
ters committed to them immediately before tlie next session of tlie Legis- 
lative Assembly, which report he shall transmit upon the convening of the 
Assembly, 

The Legislative Assembly, upon the ratification of such report, shall have 
power to authorize the issue of five per cent, thirty-year currency bonds of 
the District of Columbia, in payment of such damages, and for such re- 
lief, the interest upon which shall be made payable by the Secretary of the 
Treasury, 

Sec. 10, An auditing commission of three members, one to be appointed 
by the President of the United States, one by the presiding officer of tlie 
Senate, and the other by the Speaker of the House of Representatives, shall 
examine and audit the accounts of the Board of Public Works, and make 
report in detail of the indebtedness and assets of said board to Congress at 
its next session, and also to the Governor of the District, 

They shall recommend what contracts of the Board of Public Works 
shohld be completed, what contracts should be wholly revoked, and wliat 
contracts should be partially revoked, and also some plan for the discharge 
of the obligations and indebtedness of said Board of Public Works, 

For this purpose they shall at once take charge of all books and pai)ers 
of said Board of Public Works, and at the conclusion of their labors turn 
over the same to tlie Comptroller for the District of Columbia. 

Sec. 1L All acts and parts of acts inconsistent with this act are hereby 
repealed, except so far as relates to the assessmentsalready made for special 
improvements. 



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